Procedural Rights in our Adversarial System |
Inquisitorial System |
United States and England have legal systems
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Judges act as both the investigators and decision -makers.
Argue the adversary system based upon unjustifiable assumptions
Critics if inquisitorial system say it gives too much power to the judges. Juries are more impartial than government officials. |
Substantive Due Process
Identifying Fundamental Rights
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The Doctrine of IncorportationBy 1925, Supreme Court begins identifying rights in the bill of rights that the state must protect.
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Rights Not Incorporated
- 2nd Amendment right to bear arms
- 5th Amendment rights to an indictment by a grand jury
- 7th Amendments rights to a jury trial in civil lawsuits'Implicit requirement in 6th amendment that the jury in a criminal case must have 12 members and must reach a unanimous verdict.